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(영문) 전주지방법원 2018.11.06 2018고단1420

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 17, 2015, the Defendant was sentenced to a fine of five million won for a crime of violating road traffic laws (drinking driving) at the Jeonju District Court on August 17, 2015, and was sentenced to a fine of seven hundred thousand won for a crime of violating road traffic laws (dacting driving) at the Jeonju District Court on March 31, 2015, and on September 4, 2012, the Defendant was sentenced to a fine of one million won for a crime of violating road traffic laws (dacting driving) at the Jeonju District Court on September

Criminal facts

On June 4, 2018, the Defendant was not a mandatory insurance policy, but driving a two-wheeled motor vehicle at the direction of approximately 1 km from the trade name in front of an influent restaurant in the front city of the front city of the city of Jeonju to about 0.244% under the influence of alcohol concentration among blood transfusion around 01:30 on June 4, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. Inquiry into mandatory insurance;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (the point of drinking), Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of operating automobiles which are not mandatory insurance), and selection of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing in Article 62-2 of the Criminal Act, including the observation of protection and the provision of community service and the provision of an order to attend a lecture, the Defendant, who had been punished three times due to drinking alcohol driving, was driving an erroneous brea which was not covered by mandatory insurance in the state of drinking.

However, the punishment as ordered shall be determined in consideration of the circumstances, such as the fact that the defendant committed a crime, and reflects the wrongness, and that the defendant would not repeat again while disposing of the stobs used for the crime, and that there was no record of punishment heavier than the fine for the same crime prior to the instant case.